UNITED STATES of America, Plaintiff-Appellee, v. Charles HENDERSON, Jr., Defendant-Appellant, 693 F. App'x 781

ORDER DENYING A CERTIFICATE OF APPEALABILITY AND DISMISSING THE APPEAL Robert E. Bacharach Circuit Judge Mr. Charles Henderson, Jr. pleaded guilty in federal court on drug charges and was sentenced to 129 months in prison. After unsuccessfully moving to vacate his sentence under 28 U.S.C. § 2255, Mr. Henderson seeks a certificate of appeala-bility so that he can appeal. We deny Mr. Henderson’s request for a certificate of appealability and dismiss the appeal. Mr. Henderson can appeal only if we issue a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B).

This certificate is available only if an applicant can make a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). This showing has been made only if reasonable jurists, could debate the merits of Mr. Henderson’s appeal. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). Mr. Henderson argues that the district court improperly dismissed his claim of ineffective assistance. For this claim, Mr. Henderson had to show that his attorney’s performance was deficient and prejudicial. Strickland v.

Washington, 466 U.S. 668, 687, 104 S.Ct. 2062, 80 L.Ed.2d 674 (1984). The district court rejected Mr. Henderson’s claim, concluding that his attorney’s efforts were reasonable and did not prejudice Mr. Henderson’s sentencing. For substantially the same reasons discussed by the district court, we conclude that its ruling is not subject to reasonable debate. Thus, we decline to issue a certificate of appealability and dismiss the appeal.